What should I know about the K-1?
If an American citizen is looking to marry a non-American citizen in Tampa and secure the non-American a Green Card, often the best way to go is the K-1 visa, or the “Fiance” visa. While a “fiance” refers to a male partner and “Fiancee” refers to a female partner, the K-1 visa can be obtained by either sex. According to the US Government, obtaining a K-1 visa will allow the non-American to travel to the US and marry their American sponsor within 90 days of receiving the visa.
The major question related to the K-1 visa is if it is necessary or not: the strict answer to this is “no.” It is possible for a couple to get married outside of the US and then file for obtaining the foreign spouse a Green Card: this is often referred to as the IR1/CR1 process.
There are advantages and disadvantages to both processes. Generally, if you are looking to live in the United States as soon as possible, the K-1 visa is the better route. Usually, K-1 visas take between 5-7 months for processing, and it is a quicker route to the Green Card. However, you have to be unmarried at the time of applying for the K-1 in order to be eligible for it: they are literal when they call it a “fiance” visa and not a “marriage” visa.
If you are already married, or for whatever reason you wish to be married outside of the US, you will have no choice but to go through the IR1/CR1 process. This is typically more expensive and can take longer, but many factors go into this, including the amount of time that you have been married.
About Bassey Immigration Law Center, P.A.
Bassey Immigration Law Center, P.A., led by attorney Aniefiok Bassey, provides comprehensive immigration services to individuals, families, and businesses in Florida and beyond. With over 20 years of experience, the firm assists clients with a wide range of immigration matters, from family reunification and green cards to business visas and deportation defense. The diverse, multilingual team is dedicated to supporting clients through the complex immigration process, with a special focus on citizenship, asylum, and LGBTQ+ immigration needs. They offer affordable initial consultations and are committed to delivering personalized, strategic guidance for achieving clients’ immigration goals.
